IS THE INDIAN CONSTITUTION FEDERAL IN NATURE?

AUTHOR – RIYA & NIKHIL RATHEE

RESEARCH SCHOLARS AT GURU GOBIND SINGH INDERPRASTHA UNIVERSITY

BEST CITATION – RIYA & NIKHIL RATHEE, IS THE INDIAN CONSTITUTION FEDERAL IN NATURE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 320-327, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian Constitution is often called “quasi-federal” because it blends federal and unitary features in a unique way. This paper offers a structured analysis, around nine pages long, to examine whether the Indian Constitution is truly federal in nature. This paper examines whether the Constitution of India is federal in nature. It begins with the constitutional text and highlights the features that support federalism, such as the division of powers, written constitution, dual polity, and bicameralism. It then considers opposing unitary features, including a strong Centre, residuary power, single citizenship, and emergency provisions.

 The analysis covers the ways in which India’s “quasi-federal” nature has been shaped by the Supreme Court and constitutional precedents. Important rulings are discussed, including “Kesavananda Bharati,” “State of West Bengal v. Union of India,” “S.R. Bommai v. Union of India,” and “Indira Nehru Gandhi v. Raj Narain.” According to the argument’s conclusion, India’s constitution is best characterised as “quasi-federal,” with strong centralising tendencies that are restrained by judicial review and changing political practices.

Numerous debates and court decisions have centred on the Indian Constitution’s federal nature. A dual system that explicitly distinguishes between the Union and the States is established by the Constitution. In addition, it grants the Centre principal control over financial, administrative, and legislative issues. The framers’ goal of maintaining national integrity and unity in a culturally diverse nation while permitting regional autonomy for effective governance is reflected in this blend. Federal characteristics are demonstrated by the establishment of a bicameral legislature, the division of powers in the Seventh Schedule, and the existence of an independent judiciary. However, features that centralize power, such as the residuary powers of Parliament, single citizenship, emergency rules, and the restructuring of state boundaries under Articles 3 and 356 show a bias toward a unitary framework.

With significant decisions like Kesavananda Bharati v. State of Kerala (1973), State of West Bengal v. Union of India (1963), and S.R. Bommai v. Union of India (1994), the judiciary has been instrumental in establishing India’s federal identity. These cases collectively upheld federalism’s inclusion in the Constitution’s “basic structure.” India’s federalism has evolved over time from a model of central control to one that promotes state collaboration and competition. This shift is supported by intergovernmental bodies like the Finance Commission and the NITI Aayog. Keywords –  Quasi-federal , center-state relations, constitutional division powers

CHARACTERISTICS OF A COMPANY AND ITS TYPES UNDER THE COMPANY ACT, 2013

AUTHOR – ADITYA JAISWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – ADITYA JAISWAL, CHARACTERISTICS OF A COMPANY AND ITS TYPES UNDER THE COMPANY ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 315-319, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

​The Companies Act, 2013 represents a landmark shift in India’s corporate governance framework, emphasizing transparency, accountability, and investor protection. A company, as recognized under this Act, is a distinct legal entity established for lawful business objectives, possessing perpetual succession, limited liability, and a separate legal personality from its members. These defining characteristics distinguish a company from other forms of business organizations, such as partnerships or sole proprietorships. The Act not only codifies the essential features of corporate existence but also provides a comprehensive classification of companies based on incorporation, liability, ownership, and control.

This paper explores in depth the essential characteristics of a company—its separate legal entity, perpetual succession, common seal, capacity to own property, limited liability, and transferability of shares—while examining the rationale and implications of each under the Companies Act, 2013. It further analyzes the various types of companies recognized under the law, including public and private companies, one person companies, government and foreign companies, and those limited by shares, guarantee, or unlimited liability. Special emphasis is placed on the legislative intent behind such classification, the evolving role of one person and small companies, and their significance in promoting entrepreneurship and ease of doing business in India.

By integrating statutory provisions, judicial interpretations, and doctrinal principles, this study provides a holistic understanding of the modern corporate structure in India. The paper concludes that the Companies Act, 2013 establishes a dynamic, adaptable framework that aligns with global corporate standards while catering to India’s socio-economic context, thereby reinforcing the foundational role of companies as engines of economic growth and development.

Keywords: Companies Act 2013, Company Characteristics, Limited Liability, Corporate Personality.

JURISDICTIONAL CLARITY AND INTERIM RELIEF: ASSESSING EFFECTIVENESS OF RECENT AMENDMNETS TO NEGOTIABLE INSTRUMENTS ACT, 1881

AUTHOR – MOHAMMAD ANAS, RESEARCH SCHOLAR (LAW) AT ALIGARH MUSLIM UNIVERSITY

BEST CITATION – MOHAMMAD ANAS, JURISDICTIONAL CLARITY AND INTERIM RELIEF: ASSESSING EFFECTIVENESS OF RECENT AMENDMNETS TO NEGOTIABLE INSTRUMENTS ACT, 1881, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 298-314, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The pendency of cheque dishonor litigation under Section 138 of the Negotiable Instruments Act, 1881 (the ‘NI Act’) has emerged as one of the most significant challenges for India’s judicial system. An Expert Committee was constituted as per the directions of the Hon’ble Supreme Court in Expeditious Trial of Cases Under Section 138 of NI Act, 1881, In re^[1] in November 2021, for the purpose of giving suggestions to tackle the pendency of cheque bounce cases, and the pendency in each State. When the report was submitted, among other things, it was brought to the notice of the Supreme Court that within the period of 5 months, from November 2021 to April 2022, the pendency of cheque dishonour cases increased from 26,07,166 to 33,44,290, marking an increase of 7,37,124 cases.

These figures indicate that cheque dishonour cases are not just a marginal problem but a systematic problem. They undermine judicial efficiency and erode commercial certainty. Who can be blamed for this mammoth of pendency—the legal framework, the lagging litigation system, or the judicial system?

Reasons could be the legal framework lagging behind the jurisdiction clarity, which was made more confusing by the various judgments of the high courts and the Supreme Court. As there was no jurisdictional clarity as to where to file the cases, this confusion facilitated the increase in forum shopping by enabling the complainants to institute proceedings across multiple forums.

Judgments like Dashrath Rupsingh Rathod v. State of Maharashtra^[2], tried to settle the issue of forum shopping by strictly interpreting the cause of action, and giving jurisdiction to the place where the cheque was dishonoured, meaning the place from where the bank of the payee informs about the cheque bounce. But still, it did not solve the issue of jurisdiction, and was sort of unjust to an accused who may be forced to travel more in case the complaint is filed far away from his place.

The Negotiable Instruments (Amendment) Act, 2015 (‘2015 Amendment Act’) has tried to resolve this issue by dividing the cheque into two categories. According to the newly amended Section 142^[3] of the NI Act, in case of an ‘account payee cheque’, the payee’s branch will have jurisdiction, and if it is ‘otherwise than an account payee cheque’, the drawer’s bank branch will have jurisdiction.

On the other hand, there was another issue—the lack of interim relief mechanisms. Many representations were received before the Parliament from the public, including trading community, about the increasing pendency of cheque dishonor cases, and the delayed tactics employed by unscrupulous drawers. They filed appeals, obtained stays, and used techniques to prolong litigation and this denied timely justice to payees. The Negotiable Instruments (Amendment) Act, 2018 (‘2018 Amendment Act) was enacted to introduce Sections 143A and 148 to provide interim reliefs at trial and appeals stage.

The discussion, therefore, seeks to assess whether the combined effect of legislative reform and judicial interpretation has been sufficient to restore confidence in the cheque as a reliable instrument of commerce. It also aims to identify the practical challenges that continue to affect the expeditious resolution of cheque dishonour cases.

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[1] Expeditious Trial of Cases Under Section 138 of NI Act, 1881, In re14, 2022 SCC OnLine SC 649.

[2] Dashrath Rupsingh Rathod v. State of Maharashtra, 2014 11 S.C.R. 921.

[3] Section 142, The Negotiable Instruments Act, 1881.

AN EMPIRICAL STUDY ON CYBER CRIME, CYBERSECURITY AWARENESS, AND PREVENTIVE TECHNIQUES AMONG INTERNET USERS

AUTHOR – MOHAMED JAMEER ALI H, LLM [CRIMINAL LAW] STUDENT, CRESCENT SCHOOL OF LAW, B.S. ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, CHENNAI

BEST CITATION – MOHAMED JAMEER ALI H, AN EMPIRICAL STUDY ON CYBER CRIME, CYBERSECURITY AWARENESS, AND PREVENTIVE TECHNIQUES AMONG INTERNET USERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 287-297, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The emergence of technology has given women the chance to discover their strengths and expand their abilities. As rapid modernisation occurs globally, the internet has integrated into our everyday routines. It is an effective means of communication. Nonetheless, as reliance on cyberspace grows, so too have internet crimes targeting women. Women globally have faced various forms of harassment for many years now. With the rise of technology and digitalisation, individuals can connect online with anyone, at any time, and from anywhere in the world. Cybercrime has become one of the outcomes of this modernisation. Digital platforms are frequently utilised to intimidate and mistreat women for the sake of voyeuristic enjoyment. A primary reason for its occurrence is that over fifty per cent of online users lack a complete understanding of how online platforms like WhatsApp, Skype, Facebook, etc., operate. Users receive very little sufficient training and education. Additionally, a lack of understanding regarding technological progress has paved the way for these atrocious acts. Women are frequently victims of cyber stalking, cyber pornography, impersonation, and other related crimes. Victims often place their trust in the perpetrator and reveal private data or information, leading to countless cybercrimes occurring each day. Owing to the fear of being defamed in society and insufficient evidence, pinpointing the source of the crime becomes quite challenging. Cybercrime has evolved into a notion where most victims are women who have succumbed to technological allure. A sharp rise in cybercrime rates has been noted in various nations, with the main focus consistently being on the safety of women. India ranks among.

ARBITRATION VS LITIGATION: EMERGING TRENDS IN COMMERCIAL DISPUTE RESOLUTION IN INDIA

AUTHOR – DURGESH KUMAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – DURGESH KUMAR, ARBITRATION VS LITIGATION: EMERGING TRENDS IN COMMERCIAL DISPUTE RESOLUTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 282-286, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In an era marked by rapid economic growth and globalization, India’s commercial dispute resolution mechanisms have come under intense scrutiny. Arbitration and litigation — the two primary dispute resolution frameworks — have evolved considerably over recent years. This article provides an in-depth analysis of arbitration and litigation in India’s commercial context, exploring historical backgrounds, recent legislative reforms, significant judicial pronouncements from 2025, emerging trends, and practical considerations for businesses. The paper also examines the integration of technology and the growing role of mediation, positioning these developments within the framework of India’s expanding global economic engagements. The objective is to provide a comprehensive, original, and nuanced perspective on how India is shaping the future of commercial dispute resolution amidst both challenges and opportunities.

Keywords: Arbitration in India, Arbitration vs. Litigation, Arbitration and Conciliation Act, Commercial Dispute, Enforcement of arbitral awards

THE EVOLVING IDEA OF BELONGING: A CRITICAL ANALYSIS OF CITIZENSHIP LAWS IN GLOBAL AND INDIAN CONTEXTS

AUTHOR – PRIYANSHU KUMAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – PRIYANSHU KUMAR, THE EVOLVING IDEA OF BELONGING: A CRITICAL ANALYSIS OF CITIZENSHIP LAWS IN GLOBAL AND INDIAN CONTEXTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 274-281, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

​Citizenship, the fundamental “right to have rights”, is undergoing a profound global re-examination, caught between traditions of jus soli (right of soil) and jus sanguinis (right of blood) and the modern tensions of globalization and national security. This article provides a critical analysis of the evolution of citizenship law in India, arguing that its foundational, inclusive jus soli framework has been “significantly altered” by decades of political, demographic, and judicial pressures, moving toward a more “complex, contested, and restrictive framework”.

​The analysis traces this legal and ideological lineage, demonstrating how the unique political history of Assam has become the primary driver of national citizenship jurisprudence. The article examines a series of interconnected developments, beginning with the Supreme Court’s “watershed” Sarbananda Sonowal (2005) judgment, which re-centered the “burden of proof” and framed large-scale illegal migration as a form of “external aggression”. This decision created the “judicial mandate” for the National Register of Citizens (NRC) in Assam, a process that culminated in the exclusion of 1.9 million people and a “massive crisis of statelessness”.

​The article then analyzes the “fundamental ideological shift” signaled by the Citizenship (Amendment) Act, 2019 (CAA), which introduced religion as an explicit criterion for naturalization for the first time and faces constitutional challenges for allegedly violating Article 14 and the basic structure of secularism. This is contrasted with the Supreme Court’s recent 2024 validation of Section 6A of the Citizenship Act, which upheld the Assam-specific cut-off dates as a “legislative solution” to a unique “political problem”. Finally, the article incorporates the 2025 Rofiqul Hoque ruling, which affirmed the supremacy of judicial declarations by Foreigners Tribunals over administrative inclusions in the NRC.

​The article concludes that this evolution has resulted in a “fragmented and deeply uncertain” legal landscape, caught in a “fundamental conflict” between region-specific compromises and a new, national-level ideological debate on religious identity and belonging..

Keywords: Indian Citizenship Law, Citizenship (Amendment) Act (CAA), 2019, National Register of Citizens (NRC), Assam Accord, Section 6A, Sarbananda Sonowal v. Union of India, Jus Soli, Jus Sanguinis

ONLINE HARRASMENT AND LEGAL GAPS IN DIGITAL PROTECTION

AUTHOR – SHAIK KHAJA GHAREEBAN NAWAZ S, LLM[CRIMINAL LAW] STUDENT AT CRESCENT SCHOOL OF LAW, B.S.ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, VANDALUR ,CHENNAI.

BEST CITATION – SHAIK KHAJA GHAREEBAN NAWAZ S, ONLINE HARRASMENT AND LEGAL GAPS IN DIGITAL PROTECTION, THE UNITED KINGDOM, AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 268-273, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

In the digital age, social media, online forums, and instant messaging platforms have revolutionized communication, offering unprecedented opportunities for connection and expression. However, this same digital landscape has also become a breeding ground for online harassment—ranging from cyberbullying and stalking to doxxing and hate speech. Victims often face emotional distress, reputational harm, and even physical threats as harassment transcends the boundaries of the virtual world.

LEGAL GAPS IN WHISTLEBLOWER PROTECTION WITHIN PRIVATE COMPANIES: A COMPARATIVE STUDY OF INDIA, THE UNITED KINGDOM, AND THE UNITED STATES

AUTHOR – AASHUTOSH AMAN, STUDENT AT AMITY UNIVERSITY

BEST CITATION – AASHUTOSH AMAN, LEGAL GAPS IN WHISTLEBLOWER PROTECTION WITHIN PRIVATE COMPANIES: A COMPARATIVE STUDY OF INDIA, THE UNITED KINGDOM, AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 263-267, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

By revealing information about misconduct, corruption, or other unethical practices within companies, whistleblowers contribute significantly to the transparency and accountability of corporate governance. The legal safeguards for whistleblowers, especially those working for private companies, are still insufficient in many jurisdictions. The legal frameworks governing whistleblower protection in the US, UK, and India are compared in this paper, which also identifies important statutory provisions, court rulings, and current legal protection gaps in private companies. The analysis shows that India and the US have serious shortcomings when it comes to providing protection to private sector workers, whereas the UK offers the most comprehensive statutory protection through the Public Interest Disclosure Act 1998. Recommendations for changing whistleblower laws to improve corporate transparency and employee protection worldwide are included in the paper’s conclusion.

KEYWORDS: Whistleblower Protection, Private Sector, Corporate Governance, Public Interest Disclosure Act, Dodd–Frank Act, Corporate Transparency

THE DOCTRINE OF BASIC STRUCTURE OF THE CONSTITUTION OF INDIA

AUTHORS – GARIMA & HANISHA SULODIA

RESEARCH SCHOLARS AT FAIRFIELD INSTITUTE OF MANAGEMENT AND TECHNOLOGY

BEST CITATION – GARIMA & HANISHA SULODIA, THE DOCTRINE OF BASIC STRUCTURE OF THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 257-262, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Indian Constitution is the longest and most precious living document of India. It structures governance, safeguards rights and allocates powers among various parts of the state. But there has always been an open debate about how far Parliament can go in amending the Constitution. The idea of Basic Structure propounded through judicial construction is a significant concept in Indian constitutional law. It explains that Parliament can amend all , Article 368 is a power and Parliament can alter any provision of the Constitution, but not its basic structure or essential features. This principle serves as a shield against authoritarianism, preserving the Constitution’s fundamental nature irrespective of the alterations in political circumstances. 

The Indian Constitution is an inspired document that emerged from India’s struggle for independence and the hard work of its founding fathers. This doctrine originated from the famous Kesavananda Bharati case (1973).. This decision marked a crucial moment in Indian constitutional law. It ensures that although the Constitution can change, it cannot be dismantled by temporary political majorities.

The framers gave Parliament broad amending powers under Article 368, but they did not clearly state if there were any limits to this power. This uncertainty triggered several court cases, starting with Shankari Prasad v. Union of India (1951) and ending with the Keshvananda Bharati case. In this case, the Supreme Court decided that Parliament could not change the basic features of the Constitution. The doctrine then became a judicial guard against authoritarianism. It helps ensure that core values like democracy, the rule of law, secularism, and judicial independence are protected from political interference.

KEYWORDS– Basic structure, Constitution, Amendment, Judicial Review

ANALYSIS OF COPYRIGHT LAW IN MUSIC INDUSTRY

AUTHOR – SUKRITI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY PATNA, BIHAR

BEST CITATION – SUKRITI, ANALYSIS OF COPYRIGHT LAW IN MUSIC INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 244-256, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides a comprehensive overview of copyright in the music industry, examining its foundational principles, exclusive rights, ownership structures, and evolving challenges, particularly in the digital era. It establishes copyright, under the Indian Copyright Act, 1957, and global norms, as a crucial form of intellectual property protection for both the Musical Composition (melody and lyrics) and the Sound Recording (the actual performance). The exclusive rights conferred include reproduction, public performance, distribution, and the creation of derivative works, categorized into economic rights (for commercial exploitation) and inalienable moral rights (paternity and integrity).

The paper highlights the importance of copyright in protecting creators’ interests, providing economic incentives through licensing and royalties, and encouraging investment and cultural preservation. It details the rules of ownership and duration, noting that composition copyright lasts for the author’s life plus 60 years, while sound recording copyright lasts for 60 years from publication.

A significant focus is placed on licensing, which is essential for monetization and legal use. Key license types discussed include Reproduction, Public Performance, Mechanical, Synchronization (Sync), and Master Use licenses. The role of Licensing Agencies (like PROs) in administration, royalty collection, and granting blanket licenses is emphasized.

The paper addresses the Digital Era Challenges, including complex jurisdictional laws, revenue distribution disputes on streaming platforms, and the pervasive issue of piracy and unauthorized use in user-generated content (UGC). It also explores Infringement through landmark case laws, noting that “substantial similarity” is key, and outlines crucial Exceptions and Limitations, particularly the principle of Fair Dealing for criticism, research, and educational purposes. Finally, it examines the International Perspective, highlighting the harmonizing roles of WIPO and the Berne Convention, and discusses the contemporary challenges posed by Technology and AI, particularly regarding ownership and infringement in AI-generated music and sampling.

Keywords Copyright, Music Industry, Intellectual Property, Musical Composition, Sound Recording, Economic Rights, Moral Rights, Licensing, Royalties, Synchronization License, Public Performance Rights, Digital Era, Piracy, Infringement, Fair Use, Fair Dealing, WIPO, Berne Convention, AI-Generated Music.